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Posts Tagged ‘Supreme Court DOMA’

“So are we all legally married?” was the question that I posed to our long-time friends, Mary and Joanne, and my partner as we all drove to a Thai restaurant. Last summer, the four of us went to the Montgomery County Courthouse when a judge went rogue, got married, and afterwards went to a nearby Thai restaurant.

“I don’t know,” replied Mary with characteristic drollness. “But I don’t think it’s fair to call Pennsylvania ‘Pennsyltucky’ anymore since Kentucky struck down its same sex marriage ban.”

This time we were having Thai again and had lots to catch up on after the long cold weather that kept us in our respective homes. My partner Barbara and I have been together for 30 years and Mary and Joanne have been together for nearly as long. We have known each other for decades. Joanne and Barbara used to work together at the Post Office.

After lunch, we spent the afternoon sitting on the patio behind Mary and Joanne’s lovely home. We talked about many things — chiefly about how we all were living on less money (both of us consist of one partner who is retired and the other self employed) and how we actually have a higher quality of life.

Gradually, the talk turned to marriage.

We all agreed that same-sex marriage is redefining the institution of marriage. For one thing, we are not taking each other’s last name. (Straight women often disappear into their husband’s last name — unless they choose to keep their own.) As lesbian-feminists, all of us dislike the word “wife” and refuse to use it to describe ourselves.

We were having such a good time sitting in the sun and laughing, that we forgot to check the news, even though we knew that the ruling on the PA constitutional ban against same sex marriage was due soon. It wasn’t until my partner and I had had left and were driving down the street, that Joanne came running after us and told us the good news.

I gave my friend a high five, kissed my partner (now my legal partner/spouse), and as we drove home, we joked about putting a sign and a trail of tin cans on the back of our car.

“Same-sex marriage is legal in 17 U.S states and the District of Columbia: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont and Washington,” according to CNN.

The Huffington Post quoting the Associated Press, explains:
“Pennsylvania’s ban on gay marriage was overturned by a federal judge Tuesday.
U.S. District Judge John E. Jones III called the plaintiffs — a widow, 11 couples and one of the couples’ two teenage daughters — courageous.
‘We now join the 12 federal district courts across the country which, when confronted with these inequities in their own states, have concluded that all couples deserve equal dignity in the realm of civil marriage,’ Jones wrote.
An appeal to the 3rd U.S. Circuit Court of Appeals is likely. Gov. Tom Corbett’s office had defended the law after Attorney General Kathleen Kane called it unconstitutional and refused to defend it.
State marriage bans have been falling around the country since the U.S. Supreme Court last year struck down part of the federal Defense of Marriage Act.
In all, 18 states give legal status to gay marriage. If Jones’ decision stands, Pennsylvania would become the 19th and legalize gay marriage throughout the Northeast.”

The ACLU has an online petition requesting that the PA Governor (who is running for re-election this year) respect all families in the state by not appealing the ruling. I signed the petition and hope you will too.

I have to admit it feels good to have equal rights.

(from The Huffington Post)

Post Script:  Today (5-21-14), I read the news that the PA Governor is not going to appeal the ruling.  Now it feels REALLY good to have equal rights.

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from The Huffington Post

Since the Duck Dynasty controversy surfaced, I’ve been keeping my distance.

Even though I’ve never seen the show — or heard of it before the controversy — I found the whole thing, well, distasteful. I’ve been a lapsed vegetarian for years — and still avoid red meat and pork. And the few times that I’ve eaten duck, I found it not too my liking. It’s too greasy for starters. And it tastes like an old friend from my childhood.

The Story About Ping was one my favorite childhood books. Written in 1933 by Marjorie Flack and illustrated by Kurt Wiese, the story chronicles the life of Ping, a duck, who lived on the Yangtze River with his sisters and brothers and his extended family on  a “wise-eyed” house boat.

I mentioned The Story About Ping in my memoir Tea Leaves in the context of reading The Magic Mountain, to my dying mother, a classic book and 700-page tome by Thomas Mann, and one of her favorites that she had read start to finish years before I was born “just because,” she told me, “I wanted to.”

Reading to my mother about the protagonist’s (Hans Castorp) experience in a tuberculosis sanitarium in the Swiss Alps provided us with some closure — she was returning to a world that she once inhabited in a book and I was, in a way, returning to the pages of my childhood.

As I read, my voice grew low and sleepy. Reading out loud to my mother recalled my childhood, her voice lulling me to sleep, weaving through the worlds of Treasure Island, Anne of Green Gables and, my favorite, The Story About Ping. Now it was she who was wide awake remembering the world of this book that she once inhabited as she jumped ahead, telling me about Hans and the other patients sitting outside every afternoon taking “the cure,” wrapped in blankets, inhaling the cold air, attended to by nurses who must have been wondering if they were going to be next.

Books have always enriched my life. I am a thinking person and, as such, also find reality TV rather distasteful. Or, as I have long been fond of saying, “I am not a big fan of reality.”

Some notable exceptions have been the Joan & Melissa: Joan Knows Best? reality show (loved the “lesbian episode”) and RuPaul’s Drag Race.

The fact is I rather enjoy not being in the American mainstream — and, for the most part, being oblivious to it.  But when Jessie Jackson released his statement saying that the Duck Dynasty “Patriarch’s” comments on race being “more offensive than the bus driver in Montgomery, Alabama, more than 59 years ago,” I took notice.  I remembered shaking Jackson’s hand in 1984. I remembered that I was part of his rainbow coalition.

Part of what I find distasteful about the Duck Dynasty controversy is that it proves the saying that there is no such thing as bad publicity — even when it comes to racist and homophobic comments. Sales of the shows products have skyrocketed.

Then I read about the comments that this same Duck Dynasty “Patriarch” made at a Christian conference in 2009 advocating that men marry teenage girls. (In most states this is against the law.)

What the Duck Dynasty controversy illustrates most strongly is that we are more alike than different. Racism and homophobia and sexism all have things in common. In addition to offending African-Americans, the LGBT community, and women, his comments also offend those who love women which, one can assume, includes most straight men.  In a just world, the man who made the comments would be fired from his job.

In a just world, the LGBT community would not have to fight for the legal right to marry. When I heard the news about the Supreme Court putting the brakes of same-sex marriages in Utah — at least until “a federal appeals court more fully considers the issue” — I was not, in fact, outraged. But then, I am an old-school lesbian feminist activist who has seen a lot of history and know that change happens slowly.

I have met queer college students who are angry. One college-aged lesbian I met in Atlanta said to me, “I thought that the whole gay marriage thing should be a non-issue by now. It should have been taken care of before I was born.”

Amusing as her comment was (especially since this young woman had grown up in the deep South), I had to admit that she was right.

Last summer, I was married during the short window of time when Montgomery County, Pa. Register of Wills, Bruce D. Hanes began issuing marriage licenses to same-sex couples. My partner and I have been together for 30 years and deserve the same legal recognition as any opposite sex married couple.

But after, Pennsylvania’s Supreme Court upheld the state’s ban on same-sex marriage (a decision that Bruce Haines has filed an argument against). As a result, my partner and I, along with 173 other same-sex couples who were issued licenses in Pennsylvania, are not sure if we are still legally married.

It’s a similar situation to the 900 gay and lesbian couples who were legally married in Utah.

If I were a quarter of a century younger, I might be outraged.

But I’m fortifying myself for the long fight — we still have work to do.

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married in montgomery countyMarried With Benefits in Montgomery County PA: Same-Sex Marriage As Real As It Gets

 

As a little girl, I never dreamed about weddings — and discarded my baby dolls for dump trucks.

As a grown woman (who became a lesbian-feminist in my early 20s) — I never professed to understand what the fuss was all about when straight women talked about looking forward to their “special day.” (Isn’t every day special? Isn’t the relationship as important as the wedding?)

Last week I went to the courthouse in Montgomery County Pennsylvania and got a marriage license.

My partner and I went with another couple and then a “self-uniting” ceremony where essentially we married each other without a third-party just as Quaker’s have been doing for centuries. It was a private ceremony, with just the four of us. There was no gathering of family and friends, no religious ceremony and no white wedding dresses. My partner and I have been together for 30 years and the other couple has been together for 27 years.

Surprisingly, being legally married does feel different to me — different in a good way. Afterwards, as we sat around the table at a nearby Thai restaurant having a celebratory luncheon, we remarked to each other that getting married was easy. 

We decided to go when one of the women in the other couple called and mentioned that she noticed that the American Postal Workers Union AFL-CIO has announced on their website that federal benefits are now available to same-sex spouses regardless of where they live or work — including health insurance and retirement benefits. Postal employees and retirees have until August 26, 2013 to make immediate changes to their health insurance enrollment.

There were no protestors at the Court House — either pro or con. There were no rainbow flags.  One of us commented that maybe same-sex marriage has become a non-issue — as it should be.

We had a moment of levity as my partner asked on the way in, “Okay, who’s pregnant?” — since we had all decided to get married so quickly.  And then we had an impromptu moment of silence as my partner asked, “I wonder what it was like to for the first interracial couples who married after it was legalized.” (The U.S. Supreme Court ruled in favor of interracial marriage in 1967, overriding the laws of the states.)

In that moment of silence, we acknowledged that we were part of history, marching forward to claim our rights.

Thirteen states have legal same sex marriage and 30 states have state constitutional bans against gay marriage, while an additional five ban the right to marry by state law — including Pennsylvania. 

Montgomery County began issuing marriage licenses to same sex couples last month when a lesbian couple contacted the County through their lawyer and said they would like to get married.

Register of Wills, Bruce D. Hanes, reviewed the state constitution and found contradictions (the state constitution also says that civil rights of any resident shall not be denied and that no citizen shall be discriminated against because of their sex).  To date, about 135 same-sex couples have been granted marriage licenses in Montgomery County since last month when Hanes was contacted by the first couple.

Pennsylvania’s Republican Governor Tom Corbett’s administration has filed an injunction against Montgomery County to stop issuing marriage licenses to same sex couples. Oral arguments are scheduled for September 4 in the Commonwealth Court in Harrisburg.

On the opposite side of the state, four hours away in Allegheny County — which includes the Pittsburgh metropolitan area — Mayor John Fetterman of Braddock officiated a marriage of two men who had obtained a marriage license in Montgomery County. Interviewed on MSNBC, Fetterman described this as “an act of civil disobedience” and went on to say that legal same-sex marriage in Pennsylvania is just a matter of time.

Obviously, the fight in Pennsylvania is not over. 

This past July, the A.C.L.U. brought a lawsuit against Pennsylvania’s Constitutional Ban on Gay Marriage.

And a recent poll reports that 54 percent of Pennsylvanian’s are in favor of same-sex marriage.

Friends from New York state (where same-sex marriage is already legal) suggested that we have a protest wedding. A protest wedding is a great idea. 

But our marriage is already real — as real as it gets.

 

Read the entire piece in The Huffington Post

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As a white lesbian, I am equally dismayed about the not guilty verdict rendered in the case of Trayvon Martin and the dismantling of the Voting Rights Act as I am elated about the recent Supreme Court ruling repealing the Defense of Marriage Act (DOMA) and striking down Proposition Eight.

These issues are by no means black and white. The LGBT movement cuts across every race, ethnicity, nationality and class division. That is what the rainbow flag represents. It is a reminder that we are all connected. In the recent Supreme Court rulings alone, this country has taken a huge step forward and a huge step back.

I am happy for my friends who live in states where same-sex marriage is legal that they can receive full federal benefits, am hopeful for myself and my partner that we can be part of the change and that it happens in our lifetimes. In thinking about the legalization of gay marriage and the Voting Rights Act and the not guilty verdict rendered in the murder case of Trayvon Martin in the state of Florida, I cannot help but agree with my retired postal worker partner that states rights is contradictory. “We’re not the divided states of America,” she pointed. “We’re supposed to be United.”

Look at the interracial marriage which was still illegal in sixteen states when the 1967 Supreme Court ruling in Loving v. Virgina — ruled in favor of Loving, overriding the laws of the states.

Unfortunately, it is safe to assume that had the U.S. Supreme Court, has not reached its verdict in 1967 — that many states would have kept their laws against interracial marriage for as long as they could.

My thinking about the connections between Civil Rights and LGBT rights was deepened further when I read the recently published novel The Sin Warriors by Julian E. Farris (Lethe Press, 2012). The novel is based on the actual events, in 1956, in the state of Florida when, as is written in the afterword of the novel …

read the entire blog post in The Huffington Post

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